1. GENERAL – Unless otherwise stated, all orders are expressly subject to these Terms and Conditions. Modifications or additions will be recognized only if accepted in writing. Customer’s Purchase Orders or other documents that add to or differ from these Terms and Conditions are expressly rejected. No waiver of these Terms and Conditions or acceptance of others shall be construed from failure of Breaker King to raise objections.
2. QUOTATIONS – Written quotations expire in thirty (30) days unless withdrawn earlier. Quotations given over the telephone are not necessarily offers to sell and will not necessarily be honored.
3. CHANGES – Published prices, discount schedules and Terms and Conditions of Sale are subject to change without notice. In the event of a change of price or discount schedule applicable to items on order, the price of the merchandise on order but unshipped will be the net price in effect on the date of shipment.
4. PAYMENT – Invoices are to be paid within 30 days from date of shipment. Invoices will be considered past due on the 31st day and open account privileges will be suspended until all past due invoices are paid. A finance charge of 2% (24% per annum) will be applied to any balance which remains unpaid 31 days or more. We accept VISA, MASTERCARD, DISCOVER, and AMERICAN EXPRESS for your accounting convenience. Pre-payment by company check, cashier’s check, or money order is also accepted.
EDI TRANSACTIONS. If Seller and Buyer have mutually agreed to use an EDI system to facilitate purchase and sale transactions, customer agrees that it will not contest (a) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby or (b) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form.
5. CREDIT CARDS – Credit Cards will be accepted at the time of order from Buyer. Credit cards are NOT eligible for any payment discounts or special terms. Any Net 30 days customer who chooses to pay via credit card is subject to the credit card fee of 3.5% of the total invoice.
6. ACCEPTANCE OF ORDERS – No order shall be binding unless accepted in writing. No binding order may be cancelled except by compensating Breaker King for its loss, expenses and other damages.
7. MINIMUM BILLING – NONE
8. TRANSPORTATION CHARGES – All merchandise will be sent the most economical way via FedEx, UPS, and Truck, with freight charges prepaid and added to invoice.
9. DAMAGE CLAIMS – Breaker King is not responsible for shipping damage, destruction or loss of any kind occurring after delivery to the carrier and receipt of the signed bill of lading at which time title to the merchandise shipped together with all risk of loss or damage shall be considered to have passed to the purchaser. It shall be the responsibility of the consignee (Breaker King customer or the customer’s designated consignee) to give timely notice of shipping damage to the carrier. Breaker King will endeavor to assist the consignee in securing a satisfactory adjustment to their claim.
10. DELIVERY – All shipping dates are approximate, unless the shipping date is expressly made firm in an accepted order. In the event of delay of receipt of necessary information from the customer, orders may be indefinitely delayed. The date of shipment may be extended for a reasonable time to allow for causes beyond its control, including, but not limited to acts of God, acts of terrorism, acts of the customer, fire, strikes, floods, epidemics, quarantine restrictions, riots, civil or military authority, freight embargoes, car shortages, wrecks or delays or damage in transportations, unusually severe weather or unavailability of necessary labor, material or manufacturing facilities. We cannot guarantee price quotes or accept orders for materials to be purchased or picked up at some extended future date. Extended delivery requirements will require renegotiated prices. We reserve the right, in this instance, to charge the price in effect at the time of shipment.
11. PENALTY CLAUSE – No clause providing for a penalty or liquidating damages (and no claim) for late delivery or installation on purchase order or in any other document will be effective without our approval in writing. Every effort will be made to advise of accurate delivery dates. However, we cannot be responsible for delivery performance of our suppliers.
12. ERRORS – Clerical and other obvious errors are subject to correction.
13. TAXES – Prices do not include sales, use, excise, or similar taxes or charges. All such taxes, government inspection and other fees, duties, and charges of any kind shall be paid by the customer.
14. WARRANTY – Seller warrants that obsolete and used/tested products sold by it will provide satisfactory performance for a period of twelve (12) months from the date of shipment. In the event a product fails to perform throughout the warranty period and seller is promptly notified, in writing within three (3) business days of the discovery of the defect, seller will remedy the failure by repair, or at seller’s option, by replacement of the defective product. All repairs and replacements will be F.O.B. seller’s facility. Replacement of an obsolete product is subject to availability of a suitable exact replacement. In the event a replacement is not available, credit will be issued for the original purchase price, freight excluded. Repair or replacement of defective products will only be offered as remedy, if in fact the product in question has been stored, installed, put in service and maintained in strict accordance with the manufacturer’s instructions and standard practices of the industry. Breaker King is not an authorized distributor of Cutler-Hammer/Eaton, GE/ABB, Siemens and Square D products. Cutler-Hammer/Eaton, the Cutler-Hammer/Eaton logo, General Electric/ABB, the General Electric/ABB logo, Siemens, the Siemens logo, Square D and the Square D logo are registered trademarks of the aforementioned corporations or their owned and related affiliates. New products supplied by seller outsourced to various vendors are warranted only to the extent of the original manufacturer’s warranty. Warranty does not apply to products damaged by common carrier or by customer. Broken circuit breakers and other physical damage to products is not evidence of a product defect. If damage is deemed to be the cause of a product defect as determined by sellers testing and inspection facility, no remedy under warranty will be offered. These warranties do not include reimbursement for labor to remove, transport, gain access to, install or any other expenses incurred in connection with product repair or replacement. Seller makes no warranties, express or implied, including any warranties or merchantability or fitness. Seller’s representatives are without authority to change the foregoing. Manufacturers’ warranties and testing lab warranties will be exercised by seller strictly as set forth above.
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15. RETURNS – No returns permitted after 30 days from date of shipment. All requests for Return Authorization of new or allegedly defective circuit breakers must be filled out in their entirety and be accompanied by a BREAKER KING INVOICE NUMBER showing date of purchase and your original purchase order number. No returns of any kind will be permitted without properly submitted Return Authorization Request and Return Goods Authorization with proof of purchase. A restock charge of 25% will apply to all returns. Allegedly defective Industrial and Used/Tested circuit breakers will be replaced or repaired at our discretion. Refer to Breaker King Return Goods Policy for complete details.
16. POINTS OF LIABILITY – Under no circumstances will Breaker King be liable for consequential damages including but not limited to lost profit or revenue, damages to or loss of products or other equipment, cost of capital whether such damages are claimed
under contract, tort (including negligence), strict liability, or otherwise, nor shall Breaker King liability exceed the price of the equipment or part claimed to be defective or non-conforming.
17. NUCLEAR APPLICATIONS – No product sold by Breaker King is intended for use in, or in any way in connection with, nuclear facilities or nuclear activity. If any product is so applied, Breaker King accepts no liability for damages or injury.
18. COLLECTION FEES – Breaker King reserves the right to recover all reasonable costs of collection of unpaid accounts including, but not limited to, third party collection agency fees and expenses, service charges, returned check charges and any other costs involved in settling the account. Venue shall be in the state and county of Breaker King’s choice. Applicant specifically understands that they are waiving their right in choice of venue.
19. RETURNED CHECK – A $50.00 service charge applies to any check payment returned unpaid by the bank.